Privacy Act of 1974, as Amended, 45767-45769 [2011-19429]
Download as PDF
<![CDATA[
srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices
(5) Contractors, agents, or other
authorized individuals performing work
on a contract, service, cooperative
agreement, job, or other activity on
behalf of the CFPB or Federal
Government and who have a need to
access the information in the
performance of their duties or activities;
(6) Any authorized agency or
component of the Department of
Treasury, the Department of Justice, the
Federal Reserve System, the Federal
Deposit Insurance Corporation or other
law enforcement authorities including
disclosure by such authorities:
(a) To the extent relevant and
necessary in connection with litigation
in proceedings before a court or other
adjudicative body, where (i) The United
States is a party to or has an interest in
the litigation, including where the
agency, or an agency component, or an
agency official or employee in his or her
official capacity, or an individual
agency official or employee whom the
Department of Justice or the Bureau has
agreed to represent, is or may likely
become a party, and (ii) the litigation is
likely to affect the agency or any
component thereof; or
(b) To outside experts or consultants
when considered appropriate by CFPB
staff to assist in the conduct of agency
matters;
(7) The U.S. Department of Justice
(‘‘DOJ’’) for its use in providing legal
advice to the CFPB or in representing
the CFPB in a proceeding before a court,
adjudicative body, or other
administrative body, where the use of
such information by the DOJ is deemed
by the CFPB to be relevant and
necessary to the advice or proceeding,
and in the case of a proceeding, such
proceeding names as a party in interest:
(a) The CFPB;
(b) Any employee of the CFPB in his
or her official capacity;
(c) Any employee of the CFPB in his
or her individual capacity where DOJ or
the CFPB has agreed to represent the
employee; or
(d) The United States, where the
CFPB determines that litigation is likely
to affect the CFPB or any of its
components;
(8) A grand jury pursuant either to a
Federal or state grand jury subpoena, or
to a prosecution request that such
record be released for the purpose of its
introduction to a grand jury, where the
subpoena or request has been
specifically approved by a court. In
those cases where the Federal
Government is not a party to the
proceeding, records may be disclosed if
a subpoena has been signed by a judge;
(9) A court, magistrate, or
administrative tribunal in the course of
VerDate Mar<15>2010
17:45 Jul 29, 2011
Jkt 223001
an administrative proceeding or judicial
proceeding, including disclosures to
opposing counsel or witnesses
(including expert witnesses) in the
course of discovery or other pre-hearing
exchanges of information, litigation, or
settlement negotiations, where relevant
or potentially relevant to a proceeding,
or in connection with criminal law
proceedings;
(10) Appropriate agencies, entities,
and persons, including but not limited
to potential expert witnesses or
witnesses in the course of
investigations, to the extent necessary to
secure information relevant to the
investigation;
(11) Appropriate Federal, state, local,
foreign, tribal, or self-regulatory
organizations or agencies responsible for
investigating, prosecuting, enforcing,
implementing, issuing, or carrying out a
statute, rule, regulation, order, policy, or
license if the information may be
relevant to a potential violation of civil
or criminal law, rule, regulation, order,
policy or license; and
(12) An entity or person that is the
subject of supervision or enforcement
activities including examinations,
investigations, administrative
proceedings, and litigation, and the
attorney or non-attorney representative
for that entity or person.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPENSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper and electronic records.
RETRIEVABILITY:
Records are retrievable by a variety of
fields including without limitation the
individual’s name, complaint/inquiry
case number, address, account number,
transaction number, phone number,
date of birth, or by some combination
thereof.
SAFEGUARDS:
Access to electronic records is
restricted to authorized personnel who
have been issued non-transferrable
access codes and passwords. Other
records are maintained in locked file
cabinets or rooms with access limited to
those personnel whose official duties
require access.
The CFPB will maintain computer
and paper records indefinitely until the
National Archives and Records
Administration approves the CFPB’s
records disposition schedule.
SYSTEM MANAGER(S) AND ADDRESS:
Consumer Financial Protection
Bureau, Assistant Director of Large Bank
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Supervision, 1801 L Street, NW.,
Washington, DC 20036.
NOTIFICATION PROCEDURE:
Individuals seeking notification and
access to any record contained in this
system of records, or seeking to contest
its content, may inquire in writing in
accordance with instructions appearing
in Title 12, Chapter 10 of the CFR,
‘‘Disclosure of Records and
Information.’’ Address such requests to:
Chief Privacy Officer, Bureau of
Consumer Financial Protection, 1801 L
St., NW., Washington, DC 20036.
RECORD ACCESS PROCEDURES:
See ‘‘Notification Procedures’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification Procedures’’ above.
RECORD SOURCE CATEGORIES:
Information in this system is obtained
from banks, savings associations, credit
unions, and their affiliates and service
providers, persons subject to the CFPB’s
authority, and current, former, and
prospective consumers who are or have
been customers or prospective
customers of covered persons, and
others with information relevant to the
enforcement of Federal consumer
financial laws.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Portions of the records in this system
are complied for law enforcement
purposes and are exempt from
disclosure under CFPB’s Privacy Act
regulations and 5 U.S.C. 552a(k)(2).
Federal criminal law enforcement
investigatory reports maintained as part
of this system may be the subject of
exemptions imposed by the originating
agency pursuant to 5 U.S.C. 552a(j)(2).
[FR Doc. 2011–19428 Filed 7–29–11; 8:45 am]
BILLING CODE 4810–25–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
Privacy Act of 1974, as Amended
Bureau of Consumer Financial
Protection.
ACTION: Notice of Proposed Privacy Act
System of Records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended, the
Bureau of Consumer Financial
Protection, hereinto referred to as the
Consumer Financial Protection Bureau
(‘‘CFPB’’) gives notice of the
establishment of a Privacy Act System
of Records.
DATES: Comments must be received no
later than August 31, 2011. The new
SUMMARY:
RETENTION AND DISPOSAL:
45767
E:\FR\FM\01AUN1.SGM
01AUN1
srobinson on DSK4SPTVN1PROD with NOTICES
45768
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices
database will be effective September 12,
2011, unless the comments received
result in a contrary determination.
ADDRESSES: You may submit comments,
identified by Docket No. CFPB–2011–
0010, by any of the following methods:
• Electronic: https://www.regulations.
gov. Follow the instructions for
submitting comments.
• Mail or Hand Delivery/Courier in
Lieu of Mail: Claire Stapleton, Chief
Privacy Officer, Consumer Financial
Protection Bureau, 1801 L Street, NW.,
Washington, DC 20036.
All submissions must include the
agency name and docket number or
Regulatory Information Number (RIN)
for this notice. In general all comments
received will be posted without change
to https://www.regulations.gov. In
addition, comments will be available for
public inspection and copying at 1801
L St., NW., Washington, DC 20036, on
official business days between the hours
of 10 a.m. and 5 p.m. Eastern Time. You
can make an appointment to inspect
comments by telephoning (202) 435–
7220. All comments, including
attachments and other supporting
materials, will become part of the public
record and subject to public disclosure.
You should submit only information
that you wish to make available
publicly.
FOR FURTHER INFORMATION CONTACT:
Claire Stapleton, Chief Privacy Officer,
Consumer Financial Protection Bureau,
1801 L Street, NW., Washington, DC
20036, (202) 435–7220.
SUPPLEMENTARY INFORMATION: The DoddFrank Wall Street Reform and Consumer
Protection Act (‘‘Act’’), Public Law No.
111–203, Title X, established the CFPB
to administer and enforce Federal
consumer financial protection law. The
CFPB will maintain the records covered
by this notice.
The new system of records described
in this notice, CFPB.001—Freedom of
Information Act (‘‘FOIA’’)/Privacy Act
(‘‘PA’’) System will be used by the CFPB
to collect, process, log, track, and
respond to all FOIA and/or PA related
requests. It will be used to appropriately
document information about the
requestors’ and/or entities’ requests and
the CFPB staff assigned to process,
consider, and respond to the requests.
The system will serve as the central
repository for submitted requests for
access to, correction of, and/or
amendment to CFPB records. It will
document the accounting of disclosures
of records under FOIA and/or PA to
include the status of requested records;
responses to the requests; process
responsive records; process FOIArelated calculations and fees; and
VerDate Mar<15>2010
17:45 Jul 29, 2011
Jkt 223001
proactively address frequentlyrequested records publicly available
under the CFPB rules of practice and
FOIA/PA requirements. It will also be
used to maintain records, document the
consideration and disposition of these
requests for annual reporting, statistical
analysis, fee management, and
recordkeeping purposes. A description
of the new system of records follows
this Notice.
The report of the new system of
records has been submitted to the
Committee on Oversight and
Government Reform of the House of
Representatives, the Committee on
Homeland Security and Governmental
Affairs of the Senate, and the Office of
Management and Budget, pursuant to
Appendix I to OMB Circular A–130,
‘‘Federal Agency Responsibilities for
Maintaining Records About
Individuals,’’ dated November 30, 2000,
and the Privacy Act, 5 U.S.C. 552a(r).
Dated: July 27, 2011.
Claire Stapleton,
Chief Privacy Officer.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
CFPB.001
SYSTEM NAME:
CFPB Freedom of Information Act/
Privacy Act System.
SYSTEM LOCATION:
Consumer Financial Protection
Bureau, 1801 L Street, NW.,
Washington, DC 20036.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals covered by this system are
persons who cite the Freedom of
Information Act or Privacy Act to
request access to records or whose
information requests are treated as FOIA
requests. Other individuals covered
include CFPB staff assigned to process
such requests, and employees who may
have responsive records or are
mentioned in such records. FOIA
requests are subject to the PA only to
the extent that they concern individuals;
information pertaining to corporations
and other business entities and
organizations are not subject to the PA.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system may contain:
(1) Correspondence with the requester
including initial requests and appeals;
(2) documents generated or compiled
during the search and processing of the
request; (3) fee schedules, cost
calculations, and accessed cost for
disclosed FOIA records; (4) documents
and memoranda supporting the decision
made in response to the request,
referrals, and copies of records provided
PO 00000
Frm 00012
Fmt 4703
or withheld; (5) CFPB staff assigned to
process, consider, and respond to
requests and, where a request has been
referred to another agency with equities
in a responsive document, information
about the individual handling the
request on behalf of that agency; (6)
information identifying the entity that is
subject to the requests or appeals; (7)
requester information, including name,
address, phone number, email address;
FOIA tracking number, phone number,
fax number, or some combination
thereof; and (8) for access requests
under the Privacy Act, identifying
information regarding both the party
who is making the written request or
appeal, and the individual on whose
behalf such written requests or appeals
are made, including name, social
security number (SSNs may be
submitted with documentation or as
proof of identification), address, phone
number, email address, FOIA number,
phone number, fax number, or some
combination thereof.
Sfmt 4703
Pub. L. 111–203, Title X, Sections
1011, 1012, 1021, codified at 12 U.S.C.
5491, 5492, 5511; The Freedom of
Information Act of 1996, as amended 5
U.S.C. 552; Privacy Act of 1974, as
amended 5 U.S.C. 552a.1
PURPOSE:
The information in the system is
being collected to enable the CFPB to
carry out its responsibilities under the
FOIA and the PA, including enabling
staff to receive, track, and respond to
requests. This requires maintaining
documentation gathered during the
consideration and disposition process,
administering annual reporting
requirements, managing FOIA-related
fees and calculations, and delivering
responsive records.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records may be disclosed,
consistent with the CFPB Disclosure of
Records and Information Rules
promulgated in the title of the CFR to:
(1) Appropriate agencies, entities, and
persons when: (a) The CFPB suspects or
has confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) the CFPB has
determined that, as a result of the
1 Section 1066 of the Act grants the Secretary of
the Treasury interim authority to perform certain
functions of the CFPB. Pursuant to that authority,
Treasury published rules on the Disclosure of
Records and Information within 12 CFR Chapter X.
This SORN is published pursuant to those rules and
the Privacy Act.
E:\FR\FM\01AUN1.SGM
01AUN1
srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices
suspected or confirmed compromise,
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
CFPB or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the CFPB’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm;
(2) Another Federal or state agency to:
(a) Permit a decision as to access,
amendment, or correction of records to
be made in consultation with or by that
agency; or (b) verify the identity of an
individual or the accuracy of
information submitted by an individual
who has requested access to or
amendment or correction of records;
(3) To the Office of the President in
response to an inquiry from that office
made at the request of the subject of a
record or a third party on that person’s
behalf;
(4) Congressional offices in response
to an inquiry made at the request of the
individual to whom the record pertains;
(5) Contractors, agents, or other
authorized individuals performing work
on a contract, service, cooperative
agreement, job, or other activity on
behalf of the CFPB or Federal
Government and who have a need to
access the information in the
performance of their duties or activities;
(6) Any authorized agency or
component of the Department of
Treasury, the Department of Justice, the
Federal Reserve System, the Federal
Deposit Insurance Corporation or other
law enforcement authorities including
disclosure by such authorities:
(a) To the extent relevant and
necessary in connection with litigation
in proceedings before a court or other
adjudicative body, where (i) The United
States is a party to or has an interest in
the litigation, including where the
agency, or an agency component, or an
agency official or employee in his or her
official capacity, or an individual
agency official or employee whom the
Department of Justice or the Bureau has
agreed to represent, is or may likely
become a party, and (ii) the litigation is
likely to affect the agency or any
component thereof; or
(b) To outside experts or consultants
when considered appropriate by CFPB
staff to assist in the conduct of agency
matters;
(7) The U.S. Department of Justice
(‘‘DOJ’’) for its use in providing legal
advice to the CFPB or in representing
VerDate Mar<15>2010
17:45 Jul 29, 2011
Jkt 223001
the CFPB in a proceeding before a court,
adjudicative body, or other
administrative body, where the use of
such information by the DOJ is deemed
by the CFPB to be relevant and
necessary to the advice or proceeding,
and in the case of a proceeding, such
proceeding names as a party in interest:
(a) The CFPB;
(b) Any employee of the CFPB in his
or her official capacity;
(c) Any employee of the CFPB in his
or her individual capacity where DOJ or
the CFPB has agreed to represent the
employee; or
(d) The United States, where the
CFPB determines that litigation is likely
to affect the CFPB or any of its
components;
(8) A court, magistrate, or
administrative tribunal in the course of
an administrative proceeding or judicial
proceeding, including disclosures to
opposing counsel or witnesses
(including expert witnesses) in the
course of discovery or other pre-hearing
exchanges of information, litigation, or
settlement negotiations, where relevant
or potentially relevant to a proceeding,
or in connection with criminal law
proceedings; and
(9) Appropriate agencies, entities, and
persons, including but not limited to
potential expert witnesses or witnesses
in the course of investigations, to the
extent necessary to secure information
relevant to the investigation.
45769
published National Archives and
Records Administration Disposition
Schedule, Transmittal No. 22, General
Records Schedule 14, Information
Service Records.
SYSTEM MANAGER(S) AND ADDRESS:
Consumer Financial Protection
Bureau, Chief FOIA Officer, 1801 L
Street, NW., Washington, DC 20036.
NOTIFICATION PROCEDURE:
Individuals seeking notification and
access to any record contained in this
system of records, or seeking to contest
its content, may inquire in writing in
accordance with instructions appearing
in Title 12, Chapter 10 of the CFR,
‘‘Disclosure of Records and
Information.’’ Address such requests to:
Chief Privacy Officer, Bureau of
Consumer Financial Protection, 1801 L
St., NW., Washington, DC 20036.
RECORD ACCESS PROCEDURES:
See ‘‘Notification Procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification Procedure’’ above.
RECORD SOURCE CATEGORIES:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPENSING OF RECORDS IN THE SYSTEM:
Information in this system covers
individuals about whom records are
maintained; agency staff assigned to
help process, consider, and respond to
the request, including any appeals;
entities filing requests or appeals on
behalf of the requestor; other
governmental authorities; and entities
that are the subjects of the request or
appeals.
STORAGE:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Paper and electronic records.
None.
RETRIEVABILITY:
[FR Doc. 2011–19429 Filed 7–29–11; 8:45 am]
Records are retrievable by a variety of
fields including, but not limited to, the
requester’s name, the subject matter of
request, requestor’s organization, FOIA
tracking number, and staff member
assigned to process the request. Records
may also be searched by the address,
phone number, fax number, e-mail
address of the requesting party, and
subject matter of the request, or by some
combination thereof.
BILLING CODE 4810–25–P
SAFEGUARDS:
Access to electronic records is
restricted to authorized personnel who
have been issued non-transferrable
access codes and passwords. Other
records are maintained in locked file
cabinets or rooms with access limited to
those personnel whose official duties
require access.
RETENTION AND DISPOSAL:
Computer and paper records will be
maintained in accordance with
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2011–0069]
Notice of Request for Extension of
Approval of an Information Collection;
Pork and Poultry Products From
Mexico Transiting the United States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Extension of approval of an
information collection; comment
request.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Animal and Plant
Health Inspection Service’s intention to
request an extension of approval of an
SUMMARY:
E:\FR\FM\01AUN1.SGM
01AUN1
]]>Agencies
[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45767-45769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19429]
-----------------------------------------------------------------------
BUREAU OF CONSUMER FINANCIAL PROTECTION
Privacy Act of 1974, as Amended
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice of Proposed Privacy Act System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Bureau of Consumer Financial Protection, hereinto referred to as the
Consumer Financial Protection Bureau (``CFPB'') gives notice of the
establishment of a Privacy Act System of Records.
DATES: Comments must be received no later than August 31, 2011. The new
[[Page 45768]]
database will be effective September 12, 2011, unless the comments
received result in a contrary determination.
ADDRESSES: You may submit comments, identified by Docket No. CFPB-2011-
0010, by any of the following methods:
Electronic: https://www.regulations.gov. Follow the
instructions for submitting comments.
Mail or Hand Delivery/Courier in Lieu of Mail: Claire
Stapleton, Chief Privacy Officer, Consumer Financial Protection Bureau,
1801 L Street, NW., Washington, DC 20036.
All submissions must include the agency name and docket number or
Regulatory Information Number (RIN) for this notice. In general all
comments received will be posted without change to https://www.regulations.gov. In addition, comments will be available for public
inspection and copying at 1801 L St., NW., Washington, DC 20036, on
official business days between the hours of 10 a.m. and 5 p.m. Eastern
Time. You can make an appointment to inspect comments by telephoning
(202) 435-7220. All comments, including attachments and other
supporting materials, will become part of the public record and subject
to public disclosure. You should submit only information that you wish
to make available publicly.
FOR FURTHER INFORMATION CONTACT: Claire Stapleton, Chief Privacy
Officer, Consumer Financial Protection Bureau, 1801 L Street, NW.,
Washington, DC 20036, (202) 435-7220.
SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and
Consumer Protection Act (``Act''), Public Law No. 111-203, Title X,
established the CFPB to administer and enforce Federal consumer
financial protection law. The CFPB will maintain the records covered by
this notice.
The new system of records described in this notice, CFPB.001--
Freedom of Information Act (``FOIA'')/Privacy Act (``PA'') System will
be used by the CFPB to collect, process, log, track, and respond to all
FOIA and/or PA related requests. It will be used to appropriately
document information about the requestors' and/or entities' requests
and the CFPB staff assigned to process, consider, and respond to the
requests. The system will serve as the central repository for submitted
requests for access to, correction of, and/or amendment to CFPB
records. It will document the accounting of disclosures of records
under FOIA and/or PA to include the status of requested records;
responses to the requests; process responsive records; process FOIA-
related calculations and fees; and proactively address frequently-
requested records publicly available under the CFPB rules of practice
and FOIA/PA requirements. It will also be used to maintain records,
document the consideration and disposition of these requests for annual
reporting, statistical analysis, fee management, and recordkeeping
purposes. A description of the new system of records follows this
Notice.
The report of the new system of records has been submitted to the
Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Office of Management and Budget,
pursuant to Appendix I to OMB Circular A-130, ``Federal Agency
Responsibilities for Maintaining Records About Individuals,'' dated
November 30, 2000, and the Privacy Act, 5 U.S.C. 552a(r).
Dated: July 27, 2011.
Claire Stapleton,
Chief Privacy Officer.
CFPB.001
System Name:
CFPB Freedom of Information Act/Privacy Act System.
System Location:
Consumer Financial Protection Bureau, 1801 L Street, NW.,
Washington, DC 20036.
Categories of individuals covered by the system:
Individuals covered by this system are persons who cite the Freedom
of Information Act or Privacy Act to request access to records or whose
information requests are treated as FOIA requests. Other individuals
covered include CFPB staff assigned to process such requests, and
employees who may have responsive records or are mentioned in such
records. FOIA requests are subject to the PA only to the extent that
they concern individuals; information pertaining to corporations and
other business entities and organizations are not subject to the PA.
Categories of records in the system:
Records in the system may contain: (1) Correspondence with the
requester including initial requests and appeals; (2) documents
generated or compiled during the search and processing of the request;
(3) fee schedules, cost calculations, and accessed cost for disclosed
FOIA records; (4) documents and memoranda supporting the decision made
in response to the request, referrals, and copies of records provided
or withheld; (5) CFPB staff assigned to process, consider, and respond
to requests and, where a request has been referred to another agency
with equities in a responsive document, information about the
individual handling the request on behalf of that agency; (6)
information identifying the entity that is subject to the requests or
appeals; (7) requester information, including name, address, phone
number, email address; FOIA tracking number, phone number, fax number,
or some combination thereof; and (8) for access requests under the
Privacy Act, identifying information regarding both the party who is
making the written request or appeal, and the individual on whose
behalf such written requests or appeals are made, including name,
social security number (SSNs may be submitted with documentation or as
proof of identification), address, phone number, email address, FOIA
number, phone number, fax number, or some combination thereof.
Authority for maintenance of the system:
Pub. L. 111-203, Title X, Sections 1011, 1012, 1021, codified at 12
U.S.C. 5491, 5492, 5511; The Freedom of Information Act of 1996, as
amended 5 U.S.C. 552; Privacy Act of 1974, as amended 5 U.S.C. 552a.\1\
---------------------------------------------------------------------------
\1\ Section 1066 of the Act grants the Secretary of the Treasury
interim authority to perform certain functions of the CFPB. Pursuant
to that authority, Treasury published rules on the Disclosure of
Records and Information within 12 CFR Chapter X. This SORN is
published pursuant to those rules and the Privacy Act.
---------------------------------------------------------------------------
Purpose:
The information in the system is being collected to enable the CFPB
to carry out its responsibilities under the FOIA and the PA, including
enabling staff to receive, track, and respond to requests. This
requires maintaining documentation gathered during the consideration
and disposition process, administering annual reporting requirements,
managing FOIA-related fees and calculations, and delivering responsive
records.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records may be disclosed, consistent with the CFPB Disclosure
of Records and Information Rules promulgated in the title of the CFR
to:
(1) Appropriate agencies, entities, and persons when: (a) The CFPB
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (b) the CFPB
has determined that, as a result of the
[[Page 45769]]
suspected or confirmed compromise, there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the CFPB or another agency or entity) that rely upon the
compromised information; and (c) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with the CFPB's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm;
(2) Another Federal or state agency to: (a) Permit a decision as to
access, amendment, or correction of records to be made in consultation
with or by that agency; or (b) verify the identity of an individual or
the accuracy of information submitted by an individual who has
requested access to or amendment or correction of records;
(3) To the Office of the President in response to an inquiry from
that office made at the request of the subject of a record or a third
party on that person's behalf;
(4) Congressional offices in response to an inquiry made at the
request of the individual to whom the record pertains;
(5) Contractors, agents, or other authorized individuals performing
work on a contract, service, cooperative agreement, job, or other
activity on behalf of the CFPB or Federal Government and who have a
need to access the information in the performance of their duties or
activities;
(6) Any authorized agency or component of the Department of
Treasury, the Department of Justice, the Federal Reserve System, the
Federal Deposit Insurance Corporation or other law enforcement
authorities including disclosure by such authorities:
(a) To the extent relevant and necessary in connection with
litigation in proceedings before a court or other adjudicative body,
where (i) The United States is a party to or has an interest in the
litigation, including where the agency, or an agency component, or an
agency official or employee in his or her official capacity, or an
individual agency official or employee whom the Department of Justice
or the Bureau has agreed to represent, is or may likely become a party,
and (ii) the litigation is likely to affect the agency or any component
thereof; or
(b) To outside experts or consultants when considered appropriate
by CFPB staff to assist in the conduct of agency matters;
(7) The U.S. Department of Justice (``DOJ'') for its use in
providing legal advice to the CFPB or in representing the CFPB in a
proceeding before a court, adjudicative body, or other administrative
body, where the use of such information by the DOJ is deemed by the
CFPB to be relevant and necessary to the advice or proceeding, and in
the case of a proceeding, such proceeding names as a party in interest:
(a) The CFPB;
(b) Any employee of the CFPB in his or her official capacity;
(c) Any employee of the CFPB in his or her individual capacity
where DOJ or the CFPB has agreed to represent the employee; or
(d) The United States, where the CFPB determines that litigation is
likely to affect the CFPB or any of its components;
(8) A court, magistrate, or administrative tribunal in the course
of an administrative proceeding or judicial proceeding, including
disclosures to opposing counsel or witnesses (including expert
witnesses) in the course of discovery or other pre-hearing exchanges of
information, litigation, or settlement negotiations, where relevant or
potentially relevant to a proceeding, or in connection with criminal
law proceedings; and
(9) Appropriate agencies, entities, and persons, including but not
limited to potential expert witnesses or witnesses in the course of
investigations, to the extent necessary to secure information relevant
to the investigation.
Policies and practices for storing, retrieving, accessing, retaining,
and dispensing of records in the system:
Storage:
Paper and electronic records.
Retrievability:
Records are retrievable by a variety of fields including, but not
limited to, the requester's name, the subject matter of request,
requestor's organization, FOIA tracking number, and staff member
assigned to process the request. Records may also be searched by the
address, phone number, fax number, e-mail address of the requesting
party, and subject matter of the request, or by some combination
thereof.
Safeguards:
Access to electronic records is restricted to authorized personnel
who have been issued non-transferrable access codes and passwords.
Other records are maintained in locked file cabinets or rooms with
access limited to those personnel whose official duties require access.
Retention and disposal:
Computer and paper records will be maintained in accordance with
published National Archives and Records Administration Disposition
Schedule, Transmittal No. 22, General Records Schedule 14, Information
Service Records.
System manager(s) and address:
Consumer Financial Protection Bureau, Chief FOIA Officer, 1801 L
Street, NW., Washington, DC 20036.
Notification procedure:
Individuals seeking notification and access to any record contained
in this system of records, or seeking to contest its content, may
inquire in writing in accordance with instructions appearing in Title
12, Chapter 10 of the CFR, ``Disclosure of Records and Information.''
Address such requests to: Chief Privacy Officer, Bureau of Consumer
Financial Protection, 1801 L St., NW., Washington, DC 20036.
Record access procedures:
See ``Notification Procedure'' above.
Contesting record procedures:
See ``Notification Procedure'' above.
Record source categories:
Information in this system covers individuals about whom records
are maintained; agency staff assigned to help process, consider, and
respond to the request, including any appeals; entities filing requests
or appeals on behalf of the requestor; other governmental authorities;
and entities that are the subjects of the request or appeals.
Exemptions claimed for the system:
None.
[FR Doc. 2011-19429 Filed 7-29-11; 8:45 am]
BILLING CODE 4810-25-P
